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Company wants to withhold my last paycheck because I still have their laptop and mobile phone. Is this legal?: It was agreed by the manager that my last day would be on 7/21/2017. However, my last day of employment was on 7/19/2017. I am out of town and will return on 7/28/2017. My next date is 7/31/2017. I was an independent contractor and the recruiter handling this account informed me that my last day would be on 7/19/2017. Can my paycheck be withheld until the devices are returned?

Thank you.

Asked 1 day ago in Employment

Kirk’s answer: The Wage and Hour law in North Carolina requires employees to be paid on a specific schedule and for final wages to be paid on the next regular payday. It also prohibits employers from taking deductions from wages without an employees prior written consent. Unfortunately, if you are an independent contractor (i.e. not an employee), then the Wage and Hour law does not apply to you. If the company you work for does withhold pay, then it is likely your only option would be to file a small claims action against them.

Answered about 15 hours ago.


Can I sue my employer for firing me without technically firing me?: My supervisor hasn't put me on the schedule for almost 2 months after working there for 9 months. I asked him when will I be put back on the schedule. His reply was that he doesn't need people for the shift that I work. I've been working the same shift the entire time I've been employed with them. Some days I would help with a different shift when they needed help. Last week I asked a newer supervisor why I wasn't being scheduled. She told me that I am an active employee. She also stated that she had no idea why i wasnt being scheduled and that she would start scheduling me. We corrected and verified my availability. I asked her today why I wasn't on the schedule for this week and she said she wasn't allowed to put me on the schedule. This has gone on long enough and I want to know if there is anything that can be done about it. Thank you for your time.

Asked 1 day ago in Employment

Kirk’s answer: There are a few issues here. First, it is not clear if you have been fired or not. If you really feel that they do not intend to put you back to work or that you cannot afford not to work, I recommend you proceed as if you had been fired. File for unemployment and look for other jobs. Second, even if it was clear that you were fired, you may not be able to sue for wrongful termination. Tennessee is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. If not, then there is no legal claim you can bring even if you were terminated.

Answered about 15 hours ago.


What can I do?: Where I was previously employed an employee called me racist and when I reported it my hours were cut and the coworker was always instructed to act as if we got along when higher up visited the store. What can I do.

Asked 1 day ago in Employment

Kirk’s answer: North Carolina is an employment-at-will state which means you can be fired (demoted, have your hours cut, pay reduced etc.) for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful only if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the cutting of your hours, then you may have a claim. Otherwise, nothing can be done legally.

Answered about 15 hours ago.